Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8200 of 2019 Applicant :- Takkey Alias Harvir Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant well as Sri K.P. Tiwri (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Sonu, Surendra, Takke and Pratap Singh alleging that on 27.9.2018 at night they shot fire at Manoj, he received one gun shot injury caused by Sonu, resultantly died.
It is submitted by learned counsel for the applicant that co- accused- Surendra has been enlarged on bail by this Court vide order dated 11.1.2019 in Criminal Misc. Bail Application No. 49763 of 2018 and the case of the applicant is identical to the case of co-accused who has already been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity. The applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. The name of the applicant was shown in F.I.R. on the basis of suspicion only. There is no independent witness against the applicant. Main role of causing fire arm injury was assigned to co-accused Sonu. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 28.9.2018 (about five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history and also admitted that the case of the applicant is identical to the case of co-accused- Surendra, who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Takkey Alias Harvir involved in Case Crime No. 648 of 2018, under Sections 302, 120-B/34 IPC, Police Station Kanth, District Shahjahanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019 OP